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Dáil Éireann díospóireacht -
Tuesday, 29 May 1962

Vol. 195 No. 12

Ceisteanna—Questions. Oral Answers. - EEC : Constitutional Changes.

56.

asked the Minister for Justice whether he has yet completed his investigation into the possible necessity for constitutional changes which may arise if this country becomes a member of the European Economic Community, particularly with regard to the position of the EEC Court of Justice in relation to Irish law; and, if so, whether he will now state the result of such investigation.

57.

andMr. McQuillan asked the Minister for Justice whether he can yet say if Ireland's proposed full membership of EEC will entail an amendment of the Constitution before it takes effect.

With the permission of the Ceann Comhairle I propose to answer Question Nos. 56 and 57 together.

An inter-departmental Committee has been set up under the chairmanship of the Attorney-General to examine the legal problems which will arise if this country becomes a member of the European Economic Community. The examination will cover the question of amendment of the Constitution and the position of the EEC Court.

The examination will take some time.

Could I ask the Minister if an amendment of the Constitution is required in order to make this Dáil amenable to the Council of Ministers or the Commissions set up under the Rome Treaty? Could the Minister say if a referendum would precede the decision of this House on the question of entering the Common Market or would come after the decision?

There are so many suppositions in that question that I would not attempt to answer it.

Surely this is a most important consideration, of the implications of which the Minister should be aware? If a decision is taken by this House to go into the Common Market and subsequently a referendum is needed to alter the Constitution and that referendum is rejected the position is that we would then have to withdraw from the Common Market.

That is an argument. That is purely argumentative.

It is a most important consideration, Sir.

Entirely hypothetical at this stage.

Not at all. We are within a month of entering the Common Market.

I hope so.

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